they have either gone to the democrat, suitor and stevens gave their seats to obama. the republicans who have been appoi appointed, john roberts reflect the modern republican party. mitt romney, to be sure, would nominate someone like cavanagh, a young judge on the d.c. circuit. very conservative. not moderate republicans. that's why one seat would make such a difference. >> and those two have very clear records as did john roberts and sam aledo. we knew exactly who they were and what they would do. the senate wasn't ready to really look at that record and make an issue. >> can i ask a theoretical question. there's two ways of thinking about this. there should be a deference to the executive in naming nominees that comport with the president's legal philosophy, ideolo ideology. applying confidence because they are qualified for the job and hey, this is politics and a woman's right to choose on the line, this is a war against all against all. do what it takes. which is your belief system? >> you have to be confident and have an exemplary record. we need a candidate, re